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DRANZO v. WINTERHALTER

395 Pa.Super. 578 (1990)

577 A.2d 1349

Marlene DRANZO and John Dranzo Her Husband, Appellants, v. Kenneth L. WINTERHALTER, Individually and Kevin Scott Wightman, Individually and as Agent for Gary Kossel, and Vicky Kossel, t/d/b/a Vic's Pizza, and Gary Kossel, and Vicky Kossel, t/d/b/a Vic's Pizza, a Business Entity and Individually. Marlene DRANZO and John Dranzo Her Husband v. Kenneth L. WINTERHALTER, Individually and Kevin Scott Wightman, Individually and as Agent for Gary Kossel, and Vicky Kossel, t/d/b/a Vic's Pizza, and Gary Kossel, and Vicky Kossel, t/d/b/a Vic's Pizza, a Business Entity and Individually. (Two Cases) Appeal of Kevin Scott WIGHTMAN. (Two Cases) Appeal of Gary KOSSEL and Vicky Kossel, t/d/b/a Vic's Pizza, and Gary Kossel and Vicky Kossel t/d/b/a Vic's Pizza, a Business Entity and Individually. Sheri DRANZO, a Minor by John DRANZO, Her Parent and Natural Guardian, and John Dranzo, Individually v. Kenneth L. WINTERHALTER, Individually and Kevin Scott Wightman, Individually and as Agent for Gary Kossel, and Vicky Kossel, t/d/b/a Vic's Pizza, and Gary Kossel, and Vicky Kossel, t/d/b/a Vic's Pizza, a Business Entity and Individually. (Two Cases) Appeal of Gary KOSSEL and Vicky Kossel, t/d/b/a Vic's Pizza, a Business Entity and Individually.

Supreme Court of Pennsylvania.

Filed June 13, 1990.

Reargument Denied August 13, 1990.

Attorney(s) appearing for the Case

Anthony J. Seneca, Washington, for Dranzo.

Timothy D. Appelbe, Pittsburgh, for Wightman.

John M. Giunta, Pittsburgh, for Kossel.

Before DEL SOLE, JOHNSON and FORD ELLIOTT, JJ.

JOHNSON, Judge:

This is a consolidated appeal from the judgment entered in favor of plaintiffs Marlene Dranzo and John Dranzo, her husband (Dranzo). We affirm on all issues raised by the appellants and cross-appellants.

The incident giving rise to this litigation was an automobile accident occurring shortly after 7 p.m. on December 22, 1986 in Somerset Township at or near the intersection of Route 917 and Circle Road. Defendant Kenneth L. Winterhalter was...

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